1. Phanindra Gautam September, 2017
United Nations Convention against Corruption (UNCAC) and Cooperatives in Nepal
Phanindra Gautam
September, 2017

2. UNCAC and Nepal
Nepal became party by ratification on February 23, 2011
GoN approved National Strategy and Plan of Actions (NSPA) for implementation of UNCAC in 2069
NSPA contains legal, policy, structural and administrative measures to be taken for effective implementation of UNCAC

3. UNCAC and Nepal
GoN (Council of Ministers) has formed the Steering Committee under chair of the Chief Secretary comprising Secretary at OPMCM, Secretary –CIAA; Secretary – MoLJ; Chief Officer NVC; Deputy Attorney General as members.
Mandated with taking policy decisions on legal, policy, structural and administrative measures to be taken for effective implementation; coordination and monitoring of activities taken

4. Contd..
All line agencies to take initiatives on their on to implement the NSPA
Laws to be amended and new laws to be enacted have been identified
Some laws have been passed, some are at Parliament and some laws are at draft stage
Main challenge is to cover the private sector within the framework of the UNCAC

5. Contd.. New laws have been enacted: New laws to be enacted are:
Organized crime control law
Mutual legal assistance law
Extradition law
New laws to be enacted are:
Law to avoid conflict of interests
Whistleblowers protection law
Protection of witness, victims and experts

6. Monitoring
Progressive reports come in from different government agencies and OPMCM monitors them
More than half of agencies have already submitted reports

7. Review of compliance
Comprehensive review of compliance conducted in 2013
Next review cycle in 2017 on Chapter 2 and Chapter 5 dealing with preventative measures and Assets recovery respectively
Preventive measures duty of all and assets recovery state alone

8. UNCAC and Cooperatives
Nepal’s Constitution envisages Nepal’s economy to be based on three broad sectors: Public, private and cooperatives.
Obligation under UNCAC requires Nepal to bring cooperatives sector within the ambit of UNCAC and thereby within anti-corruption laws and policies
There are incidents of cheating peoples and embezzlement of funds in cooperatives, so stronger regulatory regime is required

9. UNCAC and Cooperatives
Policy and laws have to address issues of money laundering, financing terrorist activities and other forms of organized crimes under the guise of cooperatives
Predominantly being a mechanism of small saving for low income groups, priority should be accorded to address issues of corruption in public and private sectors than this sector.

10. Way Forward
Formulation of policies enactment of laws for healthy development of cooperative sector
Concerns of members of cooperative societies must be addressed with sound mechanism in place
Trainings and sensitization programs to be launched massively to members of cooperatives on good corporate governance
Regulator of cooperative must be strengthened by means of institutional reforms, human resources and budgetary support and trainings

11. The End
Thank you